RESOLUTION
VACATING THE WESTERLY 17 FEET OF 59TH AVENUE WEST ADJOINING PROPERTY
LOCATED AT 1325 NORTH 59TH AVENUE WEST (BENSON/TRUE RIDE 04016).

BY
COUNCILOR GILBERT:

WHEREAS, a
sufficient petition was filed with the city clerk requesting the vacation
of a portion of 59th Avenue West legally described as the westerly 17
feet of 59th Avenue West lying north of the DM&IR Railroad right-of-way
adjoining Lot 10, Block 4, West Duluth Sixth Division; and

WHEREAS, pursuant
to Section 100 of the City Charter and Article IV of Chapter 45 of the
Duluth City Code, 1959 as amended, such petition was duly referred to
the city planning commission and such commission gave due notice of public
hearing and did consider same in public hearing; and

WHEREAS, the
city planning commission approved, unanimously, the partial street vacation
petition at its May 26, 2004, meeting.

NOW, THEREFORE,
BE IT RESOLVED, that the city council of the city of Duluth approves the
vacation of the portion of street described above and as more particularly
described on Public Document No._______.

RESOLVED FURTHER,
that the city clerk is hereby directed to record, with the register of
deeds and/or the registrar of titles of St. Louis County, Minnesota, a
certified copy of this resolution together with a plat showing the portion
of the street to be vacated.

STATEMENT
OF PURPOSE: This resolution vacates the westerly 17 feet of
59th Avenue West adjoining Lot 10, Block 4, West Duluth Sixth Division,
located at 1325 North 59th Avenue West. The
purpose of the vacation is to clear title to the building and allow the
owner to maintain use of the existing Polaris Wilbert Vault building,
which encroaches into the right-of-way. The
city planning commission unanimously approved this easement vacation petition
at its regular meeting on May 26, 2004. The
existing right-of-way is 100 feet. The city standard right-of-way is 66
feet. However, there are no private properties to be served by this dead
end street. The city property is unbuildable due to geology and topography
and lack of utilities. The reduction by 17 feet will have no adverse impacts
on properties beyond this petition.